Capital journal. (Salem, Or.) 1919-1980, February 10, 1925, Image 1

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Capital journal., February 10, 1925, Image 1

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Newspaper Page TextG apital RAIN Tonight and Wednesday Blight change In temperature, tkrong eeutbeaaurly winds, Local Max, 49: mln.. 14; rain, .: river, IS O. falling: alma-, part cloudy; wind, southwest, ...... CITY EDITION Colly tveraga net pud circulation or month ondlng January II, 1I2( r 6548 Avcrago duly distribution T07I. ' Mrmh-r Auillt Bureau of Circulation , ,, nnvTC ON TRAINS AND NEWS PRICE THREE CENTb btanus fivb cents FORTY-SEVENTH YEAR No. 35 SALEM, OREGON, TUESDAY, FEBRUARY 10, 1925 folPJl IT Shaft Now Down 38 Feet Work Is Progressing Faster Military Court of Inquiry Opens. Cave City. Ky. Feb. 10. (By Associated Press) Another am- Dlitler test today convinced ex- perimentera that Floyd Collins till breathed in hia Sand cave prison. Inspiration la about 14 or 15 times a minute, It wae inuicat ed. Cave City, Ky., Feb. 10. The shaft directed to the natural tomb of Floyd Collins in Sand cave had reached a depth of 40 1-2 feet Bhortly before 2 p. m. to day. Thirty nine feet of that dis tance has been timbered on all four sides. Drilling has reached the 76 foot level without indica tions that blasting will be acces sary. The work was progressing slightly faster, as much of the material to bo removed and hoist ed was heavy rock slabs. The task of miners and their volunteer helpers is an engineering feat of considerable skill, and gruelling struggle, a race against time with few tools at hand. In halt hour shifts of three, the work goea-on every minute, except for the nec essary interruptions, while sec tions of cribbing are lowered in to place to brace crumbling walls against cave in. (Continued on Page Seven) FISH BILL IT NOT GOME 10 VOTE !M SENATE There Is no certainty today that the Kituer bill transferring the power to appoint members of the ttate fish commission from the governor to the board of control will actually come up for consid eraion in the senate tomorrow af ternoon, although It has been set for a special order of business at 2:30 o'clock. There Is no gainsaying the fact that the delays which have al ready held up consideration of this measure have been due entire ly to the inability of the fish group to line up the 20 votes in the senate necessary to carry the bill over the veto of the governor, and that unless definite assurance of 20 favorable votes is secured the bill will never be pressed, and likely wilt never go to third read ing. Upon three separate occasions In the past two weeks friend of the bill have felt that they had the needed strength, only to find at the last moment that thorn had teen a deviation from their ranks to jeopardize Its enactment. When the bill was up on special ord?r yesterday its friends counted IS iure votes and were banking upon an even split of the six senators listed as doubtful. Further delay was sought when It became known that Senators Eddy, Hare and Johnson h id reached an agreement to stand to gether on the fish bill, and efforts are now being made to line hen up for the measure. With tbem the passage of the bill is certain; without them its defeat luonis liks- ly. Considering that today the fish bill is the keyno'e to the entire legislative program, and that its defeat may block all other le.r.v lation If the fish people so desite. the outcome of negotiations wtt'i the Eddy-Hare-Johnson combina tion Is being watched eagerly. Tho fate of every mnjnr piece of legis lation still ponding rests np:.n their decision in a great mc.vmr It Is generally conceded. LCWDEN'S DAUGHTER Itmtt MILLIONAIRE Chiear.i, Feb., 10. Miss Fran ces lowdin, daughter of former Governor and Mrs. Frank 0. Low den, and John B. I 'rake. Jr.. son of John R. Drake, wealthy Chicago an. will h married tonight In the Fourth Presbyterian church by Dr. K"drirk F. Shannon TEST SHOWS COW All: mm HOUSE VOTES RETENTION OF T Bill Abolish u ? )fficc and Giving YY to Circuit Judge D ' ed Com panion Bill Tabled. N The peaceful grinding or tno house legislative organization was broken this morning by hour of verbal sword clashes when house bill 252, abolishing the office of county judge, was killed. Representatives Swan, Wins- low, Fitzmaurice and Pierce led the fight on the measure, killed by a vote of 31 to 25. Representative Carkln, of the judiciary committee which in troditced the measure, argued for it. "The idea that we are trying to get more judges is absurd," be declared, in reference to that part of the bill transferring cer tain county judges' duties to the circuit judges. "We have suffi cient judges to handle twice the work they do if we followed the English system and sped up court procedure. The farmers in my county want business men hand ling their court business. They don't want two by four lawyers and pettifoggers." Representatives Cowgill, Gra ham. Hamilton and Hesse a Ho argued for the measure. House bill 253, a companion measure calling for the appoint ment of county commissioners in counties which would be affected (Continued on Page Seven) T Harrisburg, Pa., Feb. 10. Phil adelphia is the principal center in the United States for the manu facture of illegal drink from de natured alcoho'. and Pittsburgh is a center for illegal beer, Governor Pmchot told the general assembly today, in a message asking enact ment of a bill for regulation of distilleries and breweries. If the bill Is passed, the gov ernor said, the sources of Illegal drink in Pensylvania can and will hi dried up. If it Is defeated, he predicted flagiant violations of the law will continue, and the law breakers will, by Its defeat, be en couraged to still greater lawless ness. "The enemies of law enforce ment will try to make it appear that to defeat this bill will bring nearer the day of light wine and beer," he said. "Even if such a day could ever come It could do nothing of the sort. If niodtu Hon of the Volstead act is ever to be possible, this much is clear, it cannot ever be considered until tbc law is fully enforced. This Is not a question of light wine and beer. P. is not a question of unaltered liquor of any sort. It is a ques tion of stopping the flood of poison drink poured out over the state and a flood of crime, misfortune, disease and death which ruins an.) kills our own people by the thous ands and flow in an evil strc.1.! from Pennsylvania into other states as well." Explaining that poison bootl liquor Is made out of denatured alcohol either completely or speci fically denatured, the governor said that in the two years endi.ig June 30. 1923. the amount of spc- rialy denatured alcohol produced tn Philadelphia Increased fron less than SO.OOO gall-in to more than 5.000.00 . gallnnn. 532 OBWERSlO" WITH B4TTLF FLEET San Tedio, Cal., Feb. 10. A total of 692 oDsorvers, Including 64 newspapersmen and three news reel photographers, will be per muted to accompany the United State: battle fleet on Its forth coming summer cririse. It was an nounced ahroid the flagship Call fornla lest night. Flie hundred enlisted mrn of the naval re serve will be Included la this total. CO OE Ifl llnrEfvw wMIluvuLbuvJ L Eastern Oregon Railroads Tied-Up By 10 Mud Slides Hallway, Or., IVb. 10 Due to rnin and melting wiotv causing mud slides vn Uie Oregon Short Line railroad between Huntington njid ltoblnetlc, this territory lint Iiad no tun II since Wednes day. One train Is tied up at ltoblnetlc unable to get back to Huntington. There nrc toi. different slide on (lie lino and truffle may not be re sumed before Friday. Ixx'ul roads arc In lind condition nnd (here Is little travel. Itnln caused a tre mendous snowKlldo at t'or iiueopia, but no damage Mas done. F DEBT IN 10 YEARS FIGURES COUNCIL In 10 years the city of Salem will bo virtually out of debt, de clared members of the ways and means committee and of the tin- ance- committee who met at the city hall last nlsht. Tho total bonded Indebtedness of thd city Is now 138 500. as eon irasie-l with a bonded indebted ness of $480,100 for one Issue of sewer bonds alone in 1915. point ea out Alderman Hal Patton. Receipts for last year from all sources to tho city were $587.' ii.ai', ana disbursements were $487,639.14, leading a cash bal nnce nt the end of the year of JU9.777.72, as shown In the audi tor's report, presented last night at tne committee meeting. This surplus of nearly $100,000 was the point of some discussion by the committeemen. Alderman Itoscbraugh Insisted that this was too largo an amount to lie inactive throughout the year at 2 ocr cent Interest, and ways and means of rectifying tills condition may be woraea out. Thj $99,777.72 surplus Is divided into -nree funds, the municipal una or j,S03.82; the special sew er fund of $20,553.88; and tho im provement fund of $88,177. go. Assessment valuation of the ritv of Salem is $13,000,000. consider ed to be approximately one-half tno real valuation. MARX ELECTED AS PREMIER OF PRUSSIA Berlin, Feb. 10 (By Associated Press.) The Prussian diet today elected Dr. Williclm Slant, former chancellor of the reich. as prcm- :er ol Prussia. Dr. Marx received 223 votes against 1C2 for Herr Richter of .the peoples' party. The new premier will try to form a government from tho parties of the left. Illslluny Again Opened Roseburir. I'eh. in Th. rn.ii. highway Is again open between Dlllard and Myrtle Creek, nnd -ors are experiencing little difficulty In getting by the slides which have been of frequent occurence during the past few days. Passageways wiue cnougn to accommodate thc big passenger busses and freight trucks have been opened. GLIMPSES m W REP-GORDON OF THC BIO AYS ANO MfAMS COMMIT TEC IN THE HOUSE Rf. BATES MAS MORE Pihc (OWS THAN iOMS PfoPlE M ".V k CAI HAS PIOUS CARS 1AN HS HAS COOPERATIVE FARM RELIEF McNary Among Critics of Recommendations o f Coolidge Committee Cites Oregon Growers, Washington, Feb. 10. While methods ot carrying Us recom mendations into effect were being assailed today before a house com mittee, members of President Coolldge's agricultural conference appeared before the senate agri cultural conference appeared ue- fore the senate agricultural com mittee to explain their sugges tions. 13 .F. Yoakum, chairman of the Farmer-to-Consumer league, oc cupied the stund before the houc agricultural committee and he de livered a vigorous onslaught against the Williams bill, designed to carry out recommendations of the conference, at the same time urging the Curtis-Aswell measure for a system of co-operative mar keting agencies. Before the senate committee, W M. Jardine, a member of the con ference declared the recommenda tions were based on views widely held by farmers and followed -testi mony of authorities on agricul ture. "It is time for the farmers to get behind some plan and st3p lighting each other," he declared adding that 'the recommendation will relievo agriculture and will (Continued on Page Scven JEFFREY 1ST PAY WIFE $3000 Seattle, Feb. 10 John A. Jef frey, former exalted cyctops of the Ku Klux Klan of thin state, must pay his divorced wife, Delia Jef frey, $3000 back alimony, extend' ing over a period of ten years. An order to this effect was hand ed down In superior court alter C. P. Moriarity, Mrs, Jeffrey's at torney, introduced evidence tend' ing to show that the former Klan leader here had flagrantly violat ed an order Issued by the Oregon courts when Mrs. Jeffrey divorced him In 1911. Neither Jeffrey nor his ex-wife appeared In court. No resistance waa made to Mrs. Jeffrey's petition except a motion filed shortly aft er commcftcennient of her suit, amerting that her claim had been outlawed. The court held the con tentlon applied only to nllmony more than ten years past due. John A. Jeffrey formerly lived In 8:ilem leaving here about 15 years ago after residing here a num ber of years, coming to this city from Mcdford. He practiced law In Salem In the firm of Jeffrey nr.d Lonnon, having offices over the Ladd and Ruh bank. BILL OPPOSED OF LEGISLATORS BY MURRAY WADE 1:U Foi CHAIR MAM tIl 4.. . I ON Of CHIt VMMICH MAO PASSED AT THIS AMD HP -OH WHAT! Tt UI MT cr HCRlli sfMst AMD IS A it Two Country Stores Visited by Burglars $500 Goods Taken One successful robbery and an, unsuccessful attempt, marked the trail of burglars tn small country stored In the county last night when the store at Quinaby was en tered and between $500 and 1600 worth of loot removed, and a win dow was taken from the store at Waconda but the would-be burglar was heard and scared away by J. C. Savage, proprietor of the store there. Both proprietors state they "believe they know who did the jobs. A. N. Anderson, proprietor of the store at Quinaby, states that Inst evening, Just before dark, a stranger entered the store, after driving up In front In a big tour ing car. The stranger purchased a small article or two, and went his way, but Anderson declares he Is surer from his looks and actions lhatt he either pulled the job or was one of a gang In on the rob bery. Entrance to tho store was made through a front window by cutting out he plana, the same sort of a FLOOD VICTIMS SHELTERED, FEO Vale, Or., Feb. 10. No one is suffering from lack of food or bhelter In the flooded district flur rounding Vale, as neighbors of the flood sufferers have given assi3t ar.ee, it was reported here when a meeting of city and chamber of commerce officials was held late yesterday. Representatives of On tario were present and said they would send their mayor, W. H. Doolittlp, to assist farmers of Vale and the district west of here to ob tain state relief. The county court has ordered that carcasses of all dead animals be buried, and purchased 25 bar rels of lime to be used in pra- serving sanitary conditions. Tli i amount of lime may not be suffi ctent. County Judge Noe said, a the carcasses west of ale nrc spread over a distance ot four or five miles. Only some jagged edges of con crete is alt that remains of the Brogan dam. which was washed out, causing the flood; the center of the dam being washed down to bedrock, according to Percy Pur vis, on his return from the site of the 12G-fuot structure. He reporl c 1 that the Warm Springs ranch, five miles down from Bully creek was gone. AH the Buildings, evon the stone house, were washed level to the ground. All the ditches were so filled with mud and debris that no trace could he found of the former ranch. The railroad bridge two miles west of Vale is expected to be ready for trains tomorrow. About '.wo miles of the Irack washed out have been repaired. MWOOOWXRi H AS veshi o Six t CAn THE PMfSKAl EXAMINATION - DntEN' WVW M6HA1JUST t JJION IF JTAR te R 1 1.1 i 1 1 QCtitcCTt If '.'II' ' I 1 3 JLJ ML system of entrance attempted at the Waconda store. Among other things taken from the Quinaby atore was a typewrit er, and also tobacco, socks, gum, shirts, tires, and numerous other articles, tho thieves apparently tak Ing everything they could haul away In their car, and all being in the nature ot property easily dis posed of with some fence. J. C. Savage, owner of store at Waconda, was In Salem today to reoort the attempted robbery of his storo lost night. Mi. Savage was awakmed by the rattle of glass at the store building, In the middle of the nlcht. He opened the back door of his house Just In time to see the man who broke the glass In flight. He got away. Investigation disclosed that an attempt had been made to remove the glass from the front window, and possibly on account of the darkness a slip occurred and the glass crashed on tho ground. Mr. Savage Is positive In the declaration that he knows who It was who tried to brealj. it. The story of an alleged kidnap ing ,an act'.e but fruitless seatv.h for her lost child through -the years, until her hatred for her for mer husband who, she said, stole her child, had reached the point that to bear his name aggravated her grief over the loss of the child, is tersely told In a dry looking j.etition and order on file in pro bate court here. Eva Terwflliger has secured the order changing her name to Hv:i Fullertun, which was her maiden name. She now lives in Lincoln county but formerly resided In Marion county. In her petition to the county court for the change of name sic states that she secured a divjree from her husband on November 1 1919, and there was one minor child. For the sake of the child, ::he stated, she consented to retain the name of Terwllllger. Shortly following the granting of the decree, she declares, her former husband for the purpueo of embarrassing and humiliating her. the husband clandestinely took the child and left the state. "Years of active search failed to locate the child and the matter has been aggravated by the thought of retaining the name of my former husband, recites the petition. Negro Messenger Robbed St. Louis, Mo., Feb. 10. Jos eph Williams, 60, negro messen ger for the State Bank of Wells ton, a suburb, was held up on a street car here today, beaten anil robbed of $7600. The three rob bers escaped. CAUSES MOTHER TO CHANGE NAME HI SAY DOCTORS III UNI SEEKING 10 Allopaths Alleged Trying To Strangle Other Groups Through Legis lative Effort. Charges, direct and Indirect, that the dominant school ot doc tors, tbe alophathlc, was attempt ing to strangle other groups a fiaged In the healing arts, were voiced by the naturopaths, osteo paths, chiropractors, gymnastic directors and shoe dealers at a hearing held before the house re vision of luws committee on house bill 391. The proponents of the bill de clare thut the measure Is not de signed to strike at any group, bu& is intended to raise education U standards, thereby insuring people of the state against unprepared practlcloners of any group. The bill would establish a board of licensure consisting ot ten members of whom eight would be named by the governor. Of the ctght, four would be doctors of n.edicine, one a doctor ot homeo pathic medicine, one a doctor ot osteopathy, one a doctor ot elec tric medicine, and one a doctor oi chiropractic. The ninth member of the board would be the RUte sueprintendent or public instruc tion, and the tenth, the secretary ot the Oregon state board of health. To obtain a license, one (Continued on Page Seven) POSTAL RATE PAY BILL PASSED Washington, Keb. 10 The Kelly postal pay nnd rate Increase bill was p.issed today by the house and sent to the senate. The bill was approved after less than two hours debate under ruleH requiring a two thirds vote for passage and barring amendments from the floor. Final action was without a roll call. Speaker Glllett holding thut on tbe viva voce vote more than two thirds of the houe members present supported the bill. Carrying the same pay Increases as provided In the bill vetoed by President Coolidge. the measure proposes rate ndvances csllmnled to yield $111,000,000 as against an expected increase outgo of $6S. 00,000 In salaries. It Is a substitute for the measure passed recently by the senate which the house declined to con sider on the ground that It Infrlng ed on the housc'f exclusive right to ltitfate revenue legislation. LE Columbus, Ohio, Feb. 10. Loui Fish, 19, freshman In the collet; of pharmacy at Ohio State univf s.ty, was held in the city jail to day for furthe,- questioning In con nectlon with the deaths of two ctu dents and tlis IP news ot others, ft! lowing his admission last night that without permission he had dispensed poison capsules to David I. Puskin, a fellow student, which caused hia death. Fish, while admitting he faile-t to tell all he knew of sets on firs. being questioned, denied he put poison In the rapsule ro'tlcs Puskin, Fish t l ;he city pro-i'.vu tor, was his "best friend." HEmfOUMPEDES TRAFFIC IN NEW YORK New York, Feb. 10 Heavy fog which yuRierdiiy caused a series of elevated railroad accidents result ed tn the uVnih of two men and Injury of sixty persons, still lay over the city today. Traffic on land and sea, wns delayed. Three boat from Fall River, Mom., and Providence, It. I , with several hundred pawwnger. reach ed their berths nearly 24 hours late. Thousands of commuter were delayed. Service on some ferry lines was discontinued. FORM TRUST HELD LIABLE FOR PENALTY Loganberry Growers Re lieved of all Liability For Failure To Deliver Upon Contracts. Holding that the third contract between the Northwest company. successors to the original Fz.l company, the Salera Fruit Union and the latter 's loganberry grow ing clients was not made for the benefit of the plaintiff or Its as signors and was never intended "to be an instrument creating any direct privity between the plain tiff, or Us predecessor, and the growers but that the contract was entered Into for the purpose ot authorizing the Union to make a new contract with the Northwest company in order to make provis ion foi changed conditions in the production of berries that the growers -might reoelve an In creased price for their berries," but that 4 although a new con tract was prepared and was the subject of negotiations between the Northwest company and the Union for nearly a year. It waa never completed or executed," the supreme court this morning hand ed down an opinion reversing the decision of the Marlon county circuit court as regards the grow er parties to the now famous suit ot the Fhez company, and modifying the decree as concerns the Salem Fruit Union. Under the decision the grower are relieved ot all liability for their failure to deliver upon earlier contracts made with the Phez company, and the Salem Fruit Union Is liable only ts the extent of the penalties of 10 cents per crate for each crate of logan berries which It, as agent for the growers, failed to deHver to the Phez company. The court held that the North west company, successor to the Phez company had full knowledge that the first and second contracts entered Into between the growers and the fruit union provided for the delivery of berries and stipu lated the penalty to be paid by the growers for failure to deliver, and thnt, knowing ot this restraint upon the fruit union to enforce delivery, the Northwest company cannot recover more than the fruit- union is enabled to recover under Its contracts with the growers. The opinion was written by Justice Bean, with Justices Brown and Burnett concurring. Justice McBride dissents, holding to the opinion he wrote when the case was first before tbe court. fane Pending Klx Years This controversy over contracts dates back for a period of eight years and has been In litigation about six yearn. Prior to 1U18 there was two lo ganberry com panics operating in Salem, the Pheasant Fruit Juice company and tho Northwest Pro ducts company, known as the Loju company. The Pheasant Fruit Juice company had contracted for Its berries directly with the farm ers. Tne Northwest itouucisj company hud contracted with the Salem Fruit Unl m for the delivery of 100 tons a year for five years. (Continued on Page Four) Marseille. Trance, Feb. 10 (By Asicttnt.:d Prtss) Nearly one hundred persons were wounded or bru'.sed during attempts by com munlrfts to break up a meeting ot the newly organized Catholic party presided over by denial Je CaJtel uau here Inst night. The list of ciMialties, at first estimated at sllghtiy more thnn a score, was increased today by re ports front hospitals and police stations where many of tha vic tims presented themselves. Senator Kintal res, tho sotlalUt mayor of Marseille, has forbidden nil public me-Htng for an indef inite period. Th) population of Marseilles la it a high state of feel in IT, especial ly the ?athollm who resent the tnti frrenro with their meeting nnd atlepi ;h it tl.o p'1Jee failed to affoid it proper protection.